Must have at least one public hearing on proposed Policy
Local control over Policy, government may not intervene
Policy must be made available to the Commission for review
Must have a technology measure in place to enforce Policy
Technology measure limited to visual depictions that are obscene, child pornography, or harmful to minors
Monitoring is required, but there is a privacy loophole
Takes effect in 120 days.
The first program year we are required to certify that we are taking actions to put in place an Internet safety policy
After the first year, we are required to be in compliance
Definitions: SEC 1703(1)
Technology protection measure -- means a specific technology that blocks or filters Internet access to visual depictions that are-- (A) obscene, as that term is defined in section 1460 of title 18, US Code (B) child pornography, as defined in section 2256 of title 18, US Code (C) harmful to minors
Harmful to minors -- means any picture, image, graphic image file, or other visual depiction that- (A) taken as a while and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals (C) taken as a whole, lacks serious literary, artistic, political or scientific value as to minors
Sexual act; sexual contact -- have the meanings given such terms in sections 2246 of title 18, US Code.
Disabling: : SEC 1703 (2)(B)(i-ii)
An Administrator, supervisor,or person authorized by the responsible authority may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes.
Definitions: SEC 1703 (5)
COMPUTER -- The term 'computer' includes any hardware, software, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.
ACCESS TO INTERNET -- A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network which has access to the Internet.
SEC 1721. Requirements for schools and libraries to enforce Internet safety policies with technology protection measures for computers with Internet access as condition of universal service discounts
To received Erate funds, you must:
Submit certification to the Commission that an Internet safety policy has been adopted and implemented
Ensure the use of such computers in accordance with the certifications
Have a public hearing or meeting to address the proposed Internet safety policy
Enforcing the policy of Internet safety for minors must include monitoring the online activities of minors and the operation of a technology protection measure to protect against access to visual depictions that are obscene, child pornography, or harmful to minors.
SEC 1732. Internet safety policy required
Adopt and implement an Internet safety policy that addresses:
Access by minors to inappropriate matter on the Internet and World Wide Web
The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications
Unauthorized access, including so-called 'hacking', and other unlawful activities by minors online
Unauthorized disclosure, use, and dissemination of personal identification information regarding minors
Measures designed to restrict minor's access to materials harmful to minors
Provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet
Safety policy. The notice and hearing required may be limited to those members of the public with a relationship to the school.
Local determination of content -- a determination regarding what matter is inappropriate for minors shall be made by the school board, local educational agency, library, or other authority responsible for making the determination. No agency or instrumentality of the US Government may:
Establish criteria for making such determination
Review the determination made by the certifying school, board, educational agency, library, or other authority
Consider the criteria employed by the certifying school, board, educational agency, library, or other authority any inconvenience is unfortunate